Author Archives: Bob Kilroy

About Bob Kilroy

Bob is a partner, member of the firm’s Management Committee and former chair of the firm's Labor, Employment and Employee Benefits Group, where he specializes in employment litigation in defense of corporations and their executives. He routinely appears in federal and state courts throughout New England and beyond, as well as before the Massachusetts Commission Against Discrimination, the Equal Employment Opportunity Commission, and the Civil Service Commission in defense of claims of discrimination, sexual harassment, wrongful termination, breach of contract, and wage payment violations. Bob also has extensive experience in both defense and enforcement of non-compete agreements. In addition, he represents management for both governmental and private-sector employers in grievance arbitrations filed by unions, with particular emphasis on the health care industry. Apart from his employment litigation practice, Bob advises clients on a broad range of employment and human resource-related issues.

Department of Homeland Security Relaxes Standards for Verifying Work Authorization

  As a result of the COVID-19 pandemic, the Department of Homeland Security has relaxed its standards requiring in-person review of work authorization documents required to complete the I-9 form. Specifically, if an employer has no employees physically present at a … Continue reading

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Department of Family and Medical Leave Announces Extension of Time to Provide Notice to Employees

On May 1st, the Commonwealth’s Department of Family and Medical Leave announced that the deadline for the employer notice to employees has been extended from May 31, 2019 to June 30, 2019.  The notice, which may be provided electronically, must … Continue reading

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Are You In Compliance with the Pregnant Workers Fairness Act That Went Into Effect April 1st?

If you have not taken steps to comply with the Pregnant Workers Fairness Act (“PWFA”), you are already in violation of the statutory mandate related to required postings.  Specifically, all employers with six or more employees were required to provide a notice … Continue reading

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Employees May Now File Discrimination Complaints Online with the EEOC

On November 1st, the Equal Employment Opportunity Commission (“EEOC”) launched an online system that allows employees nationwide to inquire about potential discrimination and electronically sign and file discrimination charges against their employers.  Following initial filing, the online system will permit … Continue reading

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Previously Enjoined Salary Basis Test for White Collar Exempt Employees Has Been Permanently Struck Down by U.S. District Court Judge in Texas

As previously reported in, “Breaking News: DOL’s Final Rule Increasing Salary Threshold for White Collar Exempt Employees Enjoined and Will Not Take Effect on December 1,” Judge Mazzant of the U.S. District Court for the Eastern District of Texas had enjoined … Continue reading

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Massachusetts High Court Recognizes Employee Right of Qualified Medical Marijuana Users To Allege Handicap Discrimination For Off-Site Use of Medicinal Marijuana

In a long-awaited decision, the highest court in Massachusetts – the Supreme Judicial Court (“SJC”) – ruled today in Cristina Barbuto v. Advantage Sales & Marketing, LLC, et al. that an employee who used medical marijuana to treat a debilitating … Continue reading

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Breaking News: DOL’s Final Rule Increasing Salary Threshold for White Collar Exempt Employees Enjoined and Will Not Take Effect on December 1

Just as commentators, political pundits and Vegas odds makers were surprised by the recent Presidential election results, the legal world was surprised late yesterday by Federal Court Judge Amos L. Mazzant’s decision blocking the Department of Labor’s Final Rule related … Continue reading

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Department of Labor’s Overtime Rule Scheduled to Take Effect on December 1, 2016 Remains Subject to Challenge in Federal Court

As employers throughout the nation prepare for the Department of Labor’s Overtime Rule to take effect on December 1st, a legal challenge by the U.S. Chamber of Commerce and other business groups, as well as 21 states, continues to wind … Continue reading

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Once An Employee Has Verbally Resigned, Should You Require the Employee to Submit a Written Letter of Resignation?

It is not uncommon for human resources professionals to receive a verbal resignation from an employee or to be informed by a manager that an employee has stated that he or she is resigning their employment.  In many instances, these … Continue reading

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Cheryl Spakauskas Honored by Massachusetts Lawyers Weekly

Mirick O’Connell’s Labor Group congratulates one of its fabulous paralegals, Cheryl Spakauskas, who received the “Excellence in Paralegal Work” Award at the Annual Massachusetts Lawyers Weekly Excellence in the Law banquet held at the Marriott Long Wharf Hotel in Boston … Continue reading

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